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Capacity Building For Disputes Resolution In Public Projects For Building Social Infrastructure In Developing Countries: Applicability of Irp Model Is Southeast Asia.

Developed countries and international organizations have supported to improve economic and social infrastructure in many developing countries. Some of those construction projects, such as highways, dams, bridges, etc. sometimes involve forced displacement and resettlement to residents. Some cases generate and escalate land disputes between those displaced and local governments. After those projects are admitted, local governments are supposed to take a whole responsibility, and donors such as developed countries and international financial institute such as World Bank and Asian Investment Bank are free from charges. However, some of those developing countries have only limited capacity to handle those disputes fairly because of their history of legal systems and other social institutions. Helpers to the displaced in land disputes such as NGOs started to point some responsibilities for the financial donors. In some cases, these efforts have worked. For example, World Bank stopped its financial supports in a project in Cambodia. In 1980ā€™, Ury, Brett, & Goldberg developed a model for designing systems to getting disputes resolved. The model came from their participation in labor disputes in coal mining industry in U.S. They identified 3 approaches to resolve disputes and prevent future ones with a system design. The approaches are Interests based, Right based, & Power based for resolving disputes. The model has been applied to various area for managing conflicts ranged from structural labor disputes to school playgrounds. We conducted a pilot research on the applicability of sā€™ IRP(Interest, Rights, and Power) framework for diagnosing the cases in Cambodia, using a case constructed with 265 articles on land disputes caused by public development projects from several local English newspapers dated from July 2010 to August 2011.

Tetsushi Okumura
Toyo University
Japan

 


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